SF 31 (LSB 1131XS (2) 90)

SENATE FILE 31

BY  LOFGREN

A BILL FOR

An Act  requiring the electronic publication of certain public notices by governmental bodies and officers and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  22B.1  Electronic publication of public notices.
   1.  For purposes of this section, “governmental body” means a governmental body as defined in section 21.2.
   2.  a.  A governmental body or officer that is required by statute to publish a notice, action, or other information in a newspaper of general circulation shall, in lieu of such requirements, post the notice, action, or other information on the governmental body’s internet site, if the governmental body maintains an internet site.
   b.  Each governmental body or officer subject to the requirements of this section shall, by rule, ordinance, resolution, or other official action, as appropriate, identify each type of notice, action, or information that shall be posted on the governmental body’s internet site in lieu of publication and shall identify the location of the governmental body’s office where such notices, actions, or information will be available for public inspection.
   3.  A notice, action, or other information posted by a governmental body or officer on a governmental body’s internet site pursuant to this section shall include all information otherwise required to be contained in the publication and shall comply with all requirements relating to the date of publication.
   4.  In posting and maintaining a notice, action, or other information on a governmental body’s internet site, the governmental body shall satisfy all of the following requirements:
   a.  The internet site shall be available and easily accessible at all times by the public.
   b.  The public shall not be charged for access to any notice, action, or other information posted on the internet site pursuant to this section.
   c.  The notice, action, or other information posted on the internet site pursuant to this section shall be maintained and accessible through the same internet site address for as long as required by law or as long as such information is customarily maintained by the governmental body, whichever is longer.
   5.  A notice, action, or other information posted on an internet site pursuant to this section by a governmental body shall also be made available by the governmental body in a paper format in the office of the governmental body as identified pursuant to subsection 2, paragraph “b”.
   6.  Compliance with the requirements of this section shall constitute compliance with the publication requirements applicable to the governmental body or officer relating to the notice, action, or other information posted on an internet site pursuant to this section.
   7.  A governmental body shall provide a method by which persons may opt to receive notices, actions, or other information by electronic mail. Electronic mail addresses possessed by a governmental body pursuant to this subsection are not public records and are not subject to disclosure under chapter 22.
    Sec. 2.  EFFECTIVE DATE.  This Act takes effect July 1, 2023.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill provides for electronic publication of public notices.
   The bill provides that a governmental body or officer that is required by statute to publish a notice, action, or other information in a newspaper of general circulation shall, in lieu of such requirements, post the notice, action, or other information on the governmental body’s internet site, if the governmental body maintains an internet site. The bill requires each governmental body subject to the bill to, by rule, ordinance, resolution, or other official action, as appropriate, identify each type of notice, action, or information that shall be posted on the governmental body’s internet site in lieu of publication and to identify the location of the governmental body’s office where a paper copy of such notices, actions, or information will be available for public inspection. The bill requires a governmental body to provide a method by which persons may opt to receive notices, actions, or other information by electronic mail. Electronic mail addresses possessed by a governmental body for this purpose are not public records subject to disclosure under Code chapter 22 (examination of public records).
   The bill takes effect July 1, 2023.